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038-19 - Matthew H. Brown - ContractCHIEF OF POLICE EMPLOYMENT AGREEMENT Between CITY OF PORT ORCHARD And MATTHEW BROWN Contract No. 038-19 1. Date and Parties. This Employment Agreement (hereinafter "Agreement"), for reference purposes, shall be deemed made and entered into this May 28, 2019, between the CITY OF PORT ORCHARD, Washington, a municipal corporation (hereafter the "City"), and Matthew H. Brown (hereafter "Brown"). 2. Agreement Term. A. The City agrees to employ Brown to perform the duties and functions of Chief of Police as specified in the Port Orchard job description (attached hereto as Exhibit A and incorporated herein by this reference) for Chief of Police, and to perform such other proper and permissible duties as the City shall from time to time designate. The term of this Agreement shall be from May 28, 2019 through May 27, 2023. This Agreement shall be automatically renewed for a single one-year term beginning May 28, 2023, unless at least two (2) months prior to the end of the initial period, the City advises Brown in writing of its intent not to renew. B. The parties agree that Brown shall be an "exempt" employee who is not eligible for overtime compensation under either Washington State, federal, or local law. C. Brown's employment shall continue until he gives notice to the City of his desire either to seek other employment or to retire, or until the City gives him notice of termination, or requests or requires his resignation; provided, however, that nothing contained herein shall prohibit Brown or the City from mutually agreeing to amend, in writing, any term, provision or section of this Agreement, or to add or delete provisions of this Agreement, at any time whatsoever. 3. Effective Date First Day of Employment. The effective date of this Agreement shall be May 28, 2019. The first day of Brown's employment as Chief of Police shall be Monday, July 8, 2019. The July 8, 2019 employment date will be used for salary steps and benefit purposes. 4. Salary and Benefits. The City agrees to pay Brown, for his services rendered pursuant hereto, according to the adopted city Salary Schedule for Police Chief, attached hereto as Exhibit B and incorporated herein by this reference, starting at the "First 6 months" step amount (subject to applicable withholdings). Brown shall not be eligible for longevity pay. Brown shall receive the same cost -of -living adjustments (if any) received by other directors in the City. 5. Performance Review. The Mayor shall endeavor to conduct an evaluation of Brown's performance by December 31 of each year. Page 1 of 6 6. Hours of Work. Brown's schedule of work each day and week shall vary in accordance with work required to be performed, including such time as may be necessary outside normal office hours. To that end, Brown shall be allowed administrative leave as he shall deem appropriate during said normal office hours, subject to approval by the Mayor. 7. Entitlement to Benefits and Indemnification. Notwithstanding the existence of Chapter 2.36 of the Port Orchard Municipal Code providing liability protection to City employees, the City agrees to indemnify and hold Brown and his marital community harmless from any claims, demands, suits, judgments and personal liability of any kind or nature, which claims, demands, suits, judgments and personal and community liability arise out of the scope of his employment with the City. This indemnification and hold harmless shall continue after Brown's cession of employment but only insofar as it relates back to claims, demands, suits, judgment and personal and community liability arising out of the scope of his employment. Provided, this indemnity shall not extend to actions for which severance pay can be denied under the provisions of Section 14.A. of this Agreement. In the event that the parties cannot agree whether the claim, demand, suit, judgment, or liability arises out of the employee's scope of employment, then this issue shall be submitted to final and binding arbitration. If the parties cannot agree upon an arbitrator, then they shall submit the matter to the Washington Arbitration and Mediation Service ("WAMS") and WAMS shall select the arbitrator and conduct the arbitration. The venue of the arbitration shall be Pierce County, Washington. Each parry shall pay one-half the cost of the arbitration (including any filing fees charged by the arbitrator) and shall be solely responsible for its/his legal fees. Questions of the arbitrability or the scope of the parties' agreement to arbitrate shall be determined by the arbitrator. Washington law shall govern any dispute submitted to arbitration under this Agreement without regard to conflict of laws principles. 8. Uniforms and Equipment. Brown shall be furnished with the same uniforms and equipment provided other commissioned officers of the department pursuant to the terms of their collective bargaining agreement and shall be provided replacement uniforms as necessary. Additionally, Brown shall be entitled to all safety equipment, including department issued firearms. The City shall furnish Brown with an automobile in a good and safe condition for his use while on duty, including travel to and from his place of residence. Use of the automobile to travel to and from Brown's place of residence shall be allowed only if Brown's residence is located within the City of Port Orchard or within twenty-five (25) miles of the Port Orchard city limits. 9. Sick Leave and Vacation Accrual. A. Vacation: Brown shall earn a total of one hundred sixty (16o) hours of vacation leave annually, which shall be credited on a prorated monthly basis. Once having completed three (3) years of employment in this position, Brown shall also accrue vacation leave of an additional eight (8) hours of vacation for each year of employment credited to his vacation account annually. Brown agrees to use at least Page 2 of 6 eighty (80) hours of vacation leave annually, of which at least forty (40) hours shall be in a single block of five (5) consecutive days, except in his first year of employment. Only 24o hours of vacation time shall be carried over each year. Brown shall be paid at cessation of employment for any unused vacation up to 24o hours. B. Sick Leave: Brown shall be credited with eight (8) hours sick leave per month of employment. Accrued but unused sick leave shall not be cashed out upon Brown's separation of employment from the City, regardless of the reason for the separation. 10. Holidays. Brown shall earn eighty (80) hours of holiday leave annually, which shall be credited on a prorated monthly basis. Brown shall also receive two personal holidays each year. ii. Insurance Benefits. The City shall pay a portion of the cost of medical insurance coverage, as determined appropriate by the City at its discretion, for Brown and his eligible family members for Regence Health First 250 Plan health insurance, Washington Dental Service dental, and VSP vision plans (or such other alternate plans as may be determined appropriate by the City in its discretion). Brown shall be entitled to the same life insurance policy amount provided to other City employees, which is currently $50,000. Brown shall be the named insured and shall be responsible for designating the policy beneficiary(ies). 12. LEDFF Retirement System. Both the City and Brown shall make contributions to the applicable LEOFF retirement plan in accordance with plan rules and regulations and required contribution levels. 13. Bonding. Any bonding costs required of Brown shall be the responsibility of the City. 14. Professional Development. Professional dues and subscriptions of Brown and associated costs (including travel, lodging, and meal expenses) reasonably necessary for his continuation and full participation in regional, state, and national associations and organizations that are necessary and desirable for his continued professional participation, growth, and advancement to better serve the interests of the City are expected to be paid for by the City, provided they are approved in the budget process and approved by the Mayor. After two (2) years of employment with the City, Brown's enrollment and attendance at the Senior Management Institute for Police (SMIP) shall be paid for by the City, provided that these funds are approved in the budget process. These expenses shall include travel, lodging, and meal expenses. 15. Termination and Severance Pay. A. Brown's employment is terminable at the will of the Mayor. "At -will" employment means either the Mayor or Brown may terminate Brown's employment Page 3 of 6 relationship with the City at any time, for any reason, or for no reason. In the event Brown's employment is terminated by the Mayor as herein provided, or he is requested or required to resign his position as Chief of Police by the Mayor at a time when Brown is willing and able to perform the duties of Chief of Police, then, in that event, the City agrees to pay Brown compensation as set forth in this Section 14. Provided, however, the other provisions of Section 14 and the remainder of this Agreement notwithstanding, in the event Brown's employment is terminated for "cause," then the City shall have no obligation to pay the severance compensation designated in this Section 14. For purposes of this Agreement, the term "cause" shall mean:(i) an intentional act of fraud, embezzlement, theft or any other material violation of law that occurs during or in the course of employment with the City; (ii) intentional damage to City assets; (iii) breach of any obligation under this Agreement; (iv) the willful and continued failure to substantially perform duties for the City (other than as a result of incapacity due to physical or mental illness); or (v) willful conduct that is demonstrably and materially injurious to the City, monetarily or otherwise. For purposes of this paragraph, an act, or a failure to act, shall not be deemed willful or intentional, as those terms are defined herein, unless it is done, or omitted to be done, in bad faith or without a reasonable belief that the action or omission was in the best interest of the City. Failure to meet performance standards or objectives, by itself, does not constitute "Cause". "Cause" includes any of the above grounds for dismissal regardless of whether the City learns of it before or after terminating employment. Severance compensation (if applicable) shall be paid in a lump sum (subject to the usual and customary withholdings) with the next regular payroll following the pay period when the termination occurred. B. The severance compensation (if applicable) shall be as follows: 1. A lump sum cash payment equal to two (2) months aggregate salary. Aggregate salary is his base salary on the termination date, including any other incentive pays to which he may be entitled. 2. The City shall continue to pay a portion of the cost of medical insurance coverage, as determined appropriate by the City at its discretion for Brown and his eligible family members on the medical, dental, vision, and life insurance plans offered by the City and on which Brown and his family members were enrolled on the date he was terminated/resigned. Provided, if by the policy terms, the City cannot continue a particular benefit, then the City shall pay Brown a sum equal to the premium payments for two (2) months. Provided, in the case of benefits covered by COBRA, the City shall pay an amount equal to two months of payments under the COBRA coverage. 3. A lump sum cash payment for all accrued, but unused, vacation time, up to 24o hours. C. In consideration of Brown's receipt of the severance compensation described in subsection B, above, Brown agrees to execute, in a form satisfactory to the City Attorney, a release of all claims against the City, its elected and appointed officers, employees or agents, for any and all claims (known and unknown) arising out of Page 4 of 6 Brown's employment with the City and Brown's termination of employment by the City. If Brown elects to forego the severance compensation, his failure to execute a release of claims shall not be a breach of this Agreement. D. In the event Brown voluntarily resigns or retires from his position with the City, Brown shall give the City sixty (6o) days' written notice. Any such voluntary resignation or retirement by Brown shall not require the payment of severance pay to Brown pursuant to the provisions of this Agreement, but Brown shall receive all other benefits to which he would otherwise be entitled upon voluntary resignation or retirement. Notwithstanding the foregoing notice requirement, upon receiving Brown's notice of intent to voluntarily resign or retire, nothing shall prevent the Mayor from releasing Brown prior to the expiration of said notice period. E. Brown's employment pursuant to this Agreement shall terminate automatically on the date of his death or disability. No compensation shall be payable after Brown's death or disability, except as provided in this Section, other than base salary and employee benefits accrued through the date of his death or disability, whichever is applicable, including any benefits payable in the event of Brown's death or disability, whichever is applicable. Brown's estate shall not be entitled to any other compensation under this Agreement. For purposes of this Agreement, Brown shall be deemed to be disabled if for a period of at least ninety (go) days he is unable to perform the essential functions of his position with the City, as medically determined by an independent physician, with or without a reasonable accommodation. If the parties are unable to agree whether Brown is disabled within the meaning of this Section, this issue shall be submitted to and settled by the binding arbitration process set forth in Section 7 of this Agreement. For purposes of this Agreement, if Brown's employment terminates by reason of his disability, his employment separation date shall be deemed to be the last day of the go -day period set forth above. 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Agreement. The terms of this Agreement supersede all prior agreements between the parties. 17. Severability. If any provision of this Agreement shall be held invalid, the remainder shall nevertheless be deemed valid and binding. Any provision held invalid may be reformed by a court of competent jurisdiction or an arbitrator (as applicable) to reflect the parties' original intent expressed in this Agreement as closely as possible. It is the intention of the parties hereto that each provision hereof is agreed to separately in the event one or more of such provisions shall be held invalid. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Brown. 18. Amendments. No amendments or modifications relating to the subject matter of this Agreement shall be binding and enforceable unless in writing and signed by the affected parties hereto. Page 5 of 6 ig. Best Efforts. Brown agrees and covenants to devote his best and full-time efforts to his employment with the City under the terms of this Agreement. 20. Opportunity for Independent Review by an Attorney. The parties each represent that: (a) they have had a reasonable time to consider this Agreement prior to executing it; (b) they have had the opportunity to have this Agreement reviewed by their attorney if they so desired; (c) they fully understand the significance and consequences of this Agreement; (d) they have carefully read this Agreement and have consulted with their respective attorney concerning its contents and legal consequences to the extent they deem necessary and have requested any change in language necessary or desirable to effect their respective intent and expectations so that the rule of construction of contracts construing ambiguities against the drafting party shall be inapplicable; and (e) they have voluntarily signed this Agreement after full reflection and analysis. CITY OF PORT ORCHARD: ,1`�ORT1OR'T,a,,, R� ,OF •PORg'y Robert Putaansuu, Mayor - SE AL ATTEST: ran inearson, MMC, City Clerk EMPLOYEE: Matth • H. wn APPROVED AS TO FORM: Sharon Cates, City Attorney Page 6 of 6 Exhibit A CITY OF PORT ORCHARD JOB DESCRIPTION Job Title: Chief of Police FLSA: Exempt Civil Service: Included Department: Police Department Reports To: MayorThe position of Chief of Police is a full-time executive management position. This position is appointed by the Mayor, subject to confirmation by the City Council. Purpose The primary function of the Chief of Police is to protect lives and property within the City of Port Orchard. The incumbent is the general manager of all police operations and is primarily responsible for establishing and implementing policies, effectively managing finances and coordinating the use of all available resources in a manner that provides stability to the Department and protection to the citizens and property it serves. General Function Incumbent performs specialized work for a municipal government, which requires the ability to exercise independent judgment, initiative and discretion based upon knowledge of the laws of the State of Washington, as well as administrative and legislative policies and ordinances of the City of Port Orchard. The Chief of Police also undertakes projects and accepts additional responsibilities as directed by the Mayor. Supervision Responsibilities The Chief of Police supervises all commissioned personnel and support staff. Unless otherwise directed by the Mayor, the Chief of Police has full discretion in the administration and management of the Police Department. JOB DESCRIPTION: CHIEF OF POLICE EDITED: OCTOBER 2016 PAGE 1 OF 5 Essential Job Functions The job duties and responsibilities represented in this job description do not imply that these are the only duties to be performed. The employee occupying the position will be required to follow any other job -related instructions and to perform any other job -related duties requested by his/her supervisor. • Plans, directs and evaluates the ongoing operations of the Port Orchard Police Department. • Develops annual budget proposal and controls budgeted expenses. • Prepares and reviews operational and administrative reports. • Plans and implements Police Department programs, ensuring that all equipment necessary to the successful functioning of such programs is available to appropriate personnel. • Develops and implements Police Department policies and procedures, revising and amending as necessary. • Has responsibility, within delegated authority, to select, place, promote, train, and discipline Police Department personnel. • Assures the safety of Police Department personnel. • Performs periodic performance appraisals of subordinate personnel. • Promotes safety education in schools. • Monitors criminal investigations. • Observes established policies regarding the legal rights of the accused. • Operates a motor vehicle in all environmental conditions and, on occasion, operates the vehicle at high speeds and in congested traffic situations. • Performs criminal investigations. • Enforces municipal traffic regulations. • Identifies criminal activity. • Supervises maintenance of records regarding arrests, investigations, and other police matters. • Conducts routine patrol duties within the city limits, as needed. JOB DESCRIPTION: CHIEF OF POLICE PAGE 2 OF 5 • Responds to calls for service and assistance, as needed. • Make arrests for various crimes. • Investigates complaints lodged against the Police Department. • Attends City Council meetings and other evening meetings as required. • Participates in administrative staff meetings. • Confers with the Mayor and the City Council to assess the need for new equipment and personnel. • Represents the Mayor before various agencies, boards, commissions and community groups as requested. • Attends various public functions and speaking on behalf of the Police Department (i.e., City Council meetings, legal actions involving the Department). Knowledge, Skills and Abilities While requirements may be representative of minimum levels of knowledge, skills and abilities, to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. • Background in personnel management. • Excellent motivational skills. • Ability to deal effectively with the public using tact and diplomacy • Knowledge of technical and administrative aspects of crime prevention and community policing. • Knowledge of federal, state and local laws and ordinances pertaining to law enforcement functions. • Aptitude in various fiscal duties such as budgeting, purchasing, and accounting. • Advanced studies in police administration. • Management experience. • Proficient in use of firearms and related police equipment and tools. • Ability to make split-second decisions to ensure the well being of the public, the Department, and subordinate personnel. JOB DESCRIPTION: CHIEF OF POLICE PAGE 3 OF 5 • Ability and willingness to maintain strict confidentiality. Working Conditions Work is performed both indoors and outdoors. While the position of Chief of Police is not subject to routine shift rotation, incumbent is subject to be called to duty after normally scheduled work hours or on regularly scheduled days off. Attendance at evening meetings and/or other off -duty time events is mandatory. The Chief of Police may encounter hazards arising from contact with violent individuals. In addition, in the course of performing his/her duties, the Police Chief may be exposed to biohazardous materials (i.e., bloodborne pathogens) or hazardous materials released at an emergency scene (i.e., chemical spills, gasoline spills, etc.). Continuous attention to safe working and operating procedures is required. The individual serving in this capacity may from time to time be required to use a firearm, or may be required to utilize specialized protective equipment (i.e., body armor) or generalized protective equipment (i.e., rubber or plastic gloves). Contacts and Relationships The Chief of Police has contact with numerous state, county and municipal government officials, members of other police departments, and with civilian vendors and consultants conducting business with the Police Department. This individual has frequent contact with elected officials, office personnel, field personnel, the City's attorney, and customers. The contacts involve a wide variety and range of purpose, including the need to provide or collect information, coordinate projects or activities, and to solve or negotiate solutions to problems. Communication may be either by telephone, in person, or through written communication. Physical Requirements The Chief of Police must have the physical ability to perform the full range of duties of a commissioned police officer. The employee will routinely encounter emergency situations that may require rapid evacuation of an area in order to avoid personal injury or to provide assistance to another individual, and must therefore have the physical ability to walk and run. He/she must have the dexterity to manipulate standard police related equipment. The employee must have the ability to conduct coherent voice communication in person as well as via portable radio and telephone. Other requirements include: • Ability to operate a motor vehicle, two-way radio (including from field situations), and to effectively operate radar equipment, breathalyzer, etc.; • Ability to read, understand and interpret ordinances, laws, and other operating procedures and to communicate orally and in writing; JOB DESCRIPTION: CHIEF OF POLICE PAGE 4 OF 5 Overall stamina and ability to perform moderate to strenuous physical activity; Vision sufficient to perform all duties (corrective lenses may be utilized); and Ability to hear alarms and audibly identify the presence of a danger or hazard. JOB DESCRIPTION: CHIEF OF POLICE PAGE S OF S Recruiting Requirements • Bachelor's Degree from recognized college or university in Law Enforcement or Management related field; or equivalent experience with a minimum of ten years experience in a state, county, or municipal civil law enforcement agency including a minimum of three years administrative experience at the rank of Sergeant or higher. • Ongoing education in law enforcement procedures. • Training in the use of assorted job -related equipment, including breathalyzer and radar machines. • Proficiency in the use of weapons and self-defense tools. • Completion of Washington State Basic Training Academy or equivalent. • Washington State Criminal Justice Training Commission Middle -Management Career -Level Certification. • Washington State Criminal Justice Training Commission Executive -Management Career - Level Certification (or ability to obtain within 2 years from date of appointment). • Demonstrated leadership ability. • All city employees must successfully pass a pre -employment Drug Testing as prescribed by the City's Drug and Alcohol Testing Policy. Experience and Train Ten years experience in a qualified state, county or municipal civil law enforcement agency, which must include a minimum of three years administrative experience at the rank of sergeant (or equivalent) or higher, (or any combination of experience and training that provides the desired, skills, knowledge and abilities). Possess a valid Washington State driver's license. Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and requirements of the job change. JOB DESCRIPTION: CHIEF OF POLICE PAGE 6 OF S FXHTRTT R POLICE CHIEF After 5 yrs. After 4 yrs. After 3 yrs. After 2 yrs After 1 yr. After 6 mos. First 6 mos. By Contract Recruitment 74.52 72.70 70.93 69.20 67.51 65.86 64.25 155,002 151,215 147,534 143,936 140,421 136,989 133,640